Va. inmate sues after gruesome tries at sex change

[Shana A]

Va. inmate sues after gruesome tries at sex change

    THE ASSOCIATED PRESS 
    First Posted: June 07, 2011 - 5:11 am

http://www.greenfieldreporter.com/view/story/ff43d77d524f498490a85283b463eaf6/US--Inmate-Sex-Change/

DILLWYN, Va. — A transgender Virginia inmate is suing the state to get a sex change operation, saying she will continue to try to castrate herself unless she gets the surgery.

Ophelia De'lonta filed a federal lawsuit Friday claiming the state has failed to provide adequate medical care because it won't give her the operation. She says the surgery is needed to treat her gender identity disorder, a mental illness in which people believe they were born the wrong gender.

[darklady]

This says clearly that Virginia houses inmates by  birthsex rather than the current genital anatomy.  Their leader says it in the artickle.

[Ann Onymous]

This says clearly that Virginia houses inmates by  birthsex rather than the current genital anatomy.  Their leader says it in the artickle.

The article makes it very clear that male genitalia are present.  The suit is to try and basically force the State to do what self-mutilation has not done.  The same actions in the community would generally result in no letters of approval being issued that the client was appropriate for surgery... 

Further, this is NOT a case where someone committed their felony post-transition or entered a custodial status already on hormonal therapy (or even in therapy at all). 

Quite frankly, when one is engaging in self-mutilation of ANY type, it calls into question mental fitness for ANY surgical process, no matter WHAT the location of someone might be.  One should not be able to try and force ANY entity to perform an action under what amounts to an action of extortional duress, yet that is precisely what this particular convicted felon is seeking to do. 

As a clue, if one wants to pursue a surgical track, it is wise NOT to commit felonious acts that carry with it the likelihood of incarceration for the term of 70 years such as was imposed in this case for what appears to be bank robbery... 

[tekla]

it is wise NOT to commit felonious acts that carry with it the likelihood of incarceration for the term of 70 years such as was imposed in this case for what appears to be bank robbery

True that.

[darklady]

In that particular case the person had male genitalia but in Virginia they don't care about the current appeareance. The law requires to a DNA-sample and they follow that. And of course it is not cruel and unusual punishment to put anatomically females to male prisons. Is the whole 8th Amendment only a joke?

[Ann Onymous]

In that particular case the person had male genitalia but in Virginia they don't care about the current appeareance. The law requires to a DNA-sample and they follow that. And of course it is not cruel and unusual punishment to put anatomically females to male prisons. Is the whole 8th Amendment only a joke?

have you read the pleadings in the case, which also include a rather lengthy psych eval that notes FAR MORE than GID as a diagnosis?  Have you bothered to look at the institutional adjustment history?  Have you bothered to note that this was NOT a person who entered custody under care for the condition and that they came to prison only after having been involved with violent crime, including the present sentence of 70 years for bank robbery (an offense that is violent by definition)? 

The State was not the entity that undertook actions that could be construed by ANY RATIONAL trier of fact as being BOTH cruel and unusual (both prongs must generally be satisfied in order for an 8th Amendment claim to survive). 

The issue of anatomical females has no bearing here given that the story does NOT deal with any individual who is anatomically female. 

And you still have not refuted the issue of WHY the State should cater to the whims of a person who is attempting to extort the State under the threat of committing further acts of self-mutilation.  Such an action by the individual is NOT indicative of a person who is mentally stable...and stability is certainly something that any competent provider is going to look for before agreeing to perform surgery on ANY person who is seeking to jump through the SoC hoops. 

The State has NO obligation to provide surgery where they would not also have provided the same surgery to a person who lived a law-abiding life in the community... 

 

[Amazon D]

I remember hanging out in a AOL chat room back in 98 and there was a TS in the chat room who disappeared and then we all found out they had robbed a bank. The person was found out because they had worn womens clothes to rob the bank then switched to mens clothes but were found out due to their car.

[pixiegirl]

As a clue, if one wants to pursue a surgical track, it is wise NOT to commit felonious acts that carry with it the likelihood of incarceration for the term of 70 years such as was imposed in this case for what appears to be bank robbery... 

Whatever about the crime actually committed, the severe length of the sentence is, on balance of probability, likely to be down to the extra 'crime' of being Black in the US in the 1970's. Just thought I'd bring that up rather than only have the implication that there was something super heinous done for the 70 year term out there.... We now return you to your regular programming.

[Ann Onymous]

Whatever about the crime actually committed, the severe length of the sentence is, on balance of probability, likely to be down to the extra 'crime' of being Black in the US in the 1970's. Just thought I'd bring that up rather than only have the implication that there was something super heinous done for the 70 year term out there.... We now return you to your regular programming.

This was NOT their first dance at the crime trough.  The record in the case makes that abundantly clear.

And I am sure my *white* clients with life sentences (or terms greater than 60 years) from that era will be thrilled to hear your analysis on sentencing practices of the 70's and 80's.

[tekla]

Yeah, you don't start your crime career with bank robbery, that tends to be the pièce de résistance to a criminal career.  You really have to work up to it.

For the record: our sentencing laws are insane.